DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION (EAST)

GOVT. OF NCT OF DELHI

CONVENIENT SHOPPING CENTRE, FIRST FLOOR,

SAINI ENCLAVE, DELHI – 110 092

C.C. No. 352/2023

QUORUM:

Order By: Sh. Ravi Kumar (Member)

ORDER

By this Order the Commission shall dispose of the complaint filed by the Complainant at the admission stage. 

1. Brief facts as stated in the complaint are that the Complainant approached OP on 19.12.2019 for her dental problem and paid Rs.5000/-. Thereafter she visited OP on 17.08.2020 for implanting 32 tooth  and paid Rs.2,00,000/- to the OP and 24 tooth were implanted.  However after one week she started feeling pain and she approached OP and then OP removed all the 24 implanted tooth and asked for additional amount of Rs.3,00,000/- which she refused. 
2. On 03.08.2021 she came to know that the OP is not a Dental Doctor and she demanded return of the amount however OP refused.  Thereafter on 09.08.2021 she made complaint to the Police and on 31.07.2023 a Legal Notice was issued on her behalf against which she did not receive any reply.  Aggrieved by the same she has filed the present complaint for refund of the amount of Rs.2,05,000/- along with interest @ 24% from 17.08.2019 besides compensation etc. 
3. Arguments of the Complainant were heard on admission and documents are perused. The Complainant has enclosed prescription of OP dated 19.12.2019 which is showing payment of Rs.5000/-.  However, there is no mention of any fixing/implanting of the tooth rather it only shows that some medicines were prescribed to her.  The Complainant has also enclosed at page 30 of her  Paper Book, a document on plain sheet narrating the payment of Rs.2,00,000/- paid on 31.12.2019 and there is also mention of amount of Rs.3,00,000/-.  The said document is not on any letter head of OP and it does not bear any stamp nor there are proper signatures affixed.
4. In nutshell the facts are that the Complainant took some dental treatment from OP on 19.12.20109 and 31.12.2019. She has contended that thereafter on 17.08.2020 she had made payment of Rs.2,00,000/- to the OP and treatment was given to her by implanting the tooth. However within a week she started feeling pain and her implanted tooth were removed. Thereafter on 03.08.2021 (i.e. after about one year) she came to know that the OP is not a qualified doctor and she demanded return of her money in September 2022. 
5. The complainant is jumping to the dates so fastly therefore dates are relevant.  She visited OP for the first time on 19.12.2019 , then on 15.01.2020, then on 17.08.2020 and then she came to know on 03.08.2021  that OP is not a qualified doctor  then in September 2022 she demanded the money back and then in July 2023 she issued legal Notice.  Therefore, this Commission would first examine whether the complaint has been filed within limitation period as per Consumer Protection Act 2019. The facts on record supported by documents establish that there was a visit of the Complainant to the OP’s Clinic on 19.12.2019 and 31.12.2019. At that time she has not alleged any deficiency in service against OP.
6. Further, the date 17.08.2020 cannot be counted for limitation (when her tooth were removed as contended) as there is no evidence available and her writing complaint to the Police on 09.08.2021 and issuing legal Notice dated 31.07.2023 is of no consequence as far as  the question of limitation is concerned under CPA 2019. The complaint has been filed by the Complainant on 10.08.2023 much beyond the limitation period of 2 years as prescribed under the Consumer Protection Act 2019 and her contention about the dates on which limitation started is without any merit for the reasons stated above.

Thus without going into merits of the case, this Commission holds that the complaint filed by the Complainant is time barred and hence not maintainable. 

Copy of this Order be supplied / sent to the Complainant free of cost as per Rules.

File be consigned to Record Room.

Announced on 06.11.2023